In a statement dated Thursday, September 23, the DPP dismissed claims that a file in the Arror and Kimwarer dams case was missing as reported by a local newspaper.
Although admitting to a missing file, Haji’s office clarified that the it was not in any way related to the case on the two dams.
“The only missing file in the case relates to an application filed in the High Court by CMC Di Ravenna companies and their directors,” the statement from the office of the DPP read in part.
The statement signed by Senior Assistant DPP, Alexander Muteti, added that the office had already responded to the matter. He further confirmed that the missing file, which was indeed a court file, had since been recovered.
The DPP affirmed that it was ready and prepared to prosecute the case involving the two multibillion dams in court.
“We are ready to prosecute at the earliest opportunity as and when the date is set for hearing,” the statement added.
Muteti stated that the file was now in custody of the court’s registry and that the article published by the paper misrepresented facts and was calculated to mislead the public.
The ODPP revealed that it would formally raise the matter with the Office of the Chief Justice to ensure that the accurate position is clarified beyond peradventure.
Muteti further explained that the move to notify the CJ’s office is to avoid unnecessary speculation, noting that it was not the first time the said file had gone missing, occasioning delays in the matter.
The case stalled on Monday after it emerged that the file with documents challenging the prosecution of Italian firm CMC Di Ravenna boss could not be traced.
The Italian companies that were dragged into the Ksh63 billion Arror and Kimwarer dams scandals have sued Kenya in the International Court of Arbitration.